UNDERSTANDING OF CONTRACT
In this agreement, unless otherwise indicated, the following terms apply: –
1.1 “Claims admin fee”; a fee charged in all cases where a trailer is returned to the Lessor damaged;
1.2 “Damage/s”; includes the expenditure in towing, transporting and storing the trailer, repairing any damage to the trailer (including tire and rim damage), replacing parts or accessories, the cost of an expert to inspect the collision damage and report thereon;
1.3 “Extended period” means; any period spanning beyond the rental period on page 1 for which the trailer is not returned to the Lessor whatever the reason;
1.4 “Renting location” means; the Lessor location from which the trailer was hired;
1.5 “The contract” means; the lease contract (to which these terms and conditions have been annexed) issued by the Lessor to the Lessee and signed by the Lessee in respect of the trailer rented by the Lessor to the Lessee and will have the effect of a legal binding contract between the parties and should be read with these standard terms and conditions;
1.6 “The Lessee” means; the renter and the person whose name is reflected on page 1;
1.7 “The rental period” means; the period from the time and date the Lessee takes possession of the trailer until it is returned to the Lessor as indicated on page 1;
1.8 “The trailer “means; the trailer as described on above (including all tyres, equipment, accessories in and/or on the trailer when the Lessee takes possession of the trailer) and includes any replacement trailer authorised by the Lessor whether or not such a replacement was authorised by the Lessee;
1.9 “Total loss” includes, damage such that the estimated cost of repairs, is in the opinion of the Lessor uneconomical in relation to the trailer and condition of the trailer; or damage that has been declared to be a total loss by the Lessor or any expert nominated by it; theft or total loss of the trailer;
1.10 “Traffic fine admin” means an amount levied to administer any traffic fine/s received by the Lessee while renting the trailer;
1.11 “Zone limit” means; the limit of 100km (by road) from the renting location;
1.12 The singular shall include the plural, the masculine shall include the feminine, natural persons shall include legal and juristic persons and vice versa.
RENTAL
The Lessee hires the trailer from the Lessor, subject to the standard terms and conditions applicable at the time of rental.
TERMINATION
The Lessor may, at its sole discretion, terminate this agreement at any time by notice (verbal or in writing) to the Lessee, notwithstanding anything to the contrary in this agreement, whereupon the Lessee shall return the trailer to the Lessor forthwith. The obligations of the Lessee and the rights of the Lessor under this agreement shall continue in effect until the trailer has been returned to the Lessor and the Lessee has complied with all his/her/its obligations.
4 RISK, DELIVERY AND RETURN
4.1 The trailer shall be at the Lessee’s sole risk from the date and time of delivery of the trailer until the trailer is returned to the Lessor. The Lessee undertakes to return the trailer undamaged, in good order and in a roadworthy condition, fair wear and tear accepted. The onus is on the Lessee to inspect the trailer immediately upon delivery to ensure that the trailer is free of any defects and is not damaged/scratched, the Lessee’s failure to do so and to report same to the Lessor shall result in the trailer being deemed to be in good condition, order and repair and the Lessee shall accordingly be liable for all and any damages to the trailer and the related charges therefore.
4.2 The trailer shall be regarded to have been delivered in good order and repair and without any damage. Any damage not reflected on the trailer inspection of the contract and initiated by both parties will be regarded as new damage. The said damage will be for the account of the Lessee as per the rental terms and conditions.
4.3 The Lessee shall at his/her/its cost return the trailer to the Lessor at the agreed return time/date specified above.
4.4 The trailer shall be returned to the Lessor in the same condition as received, fair wear and tear excepted and at the location where the trailer was collected.
4.5 The Lessor, shall at its sole discretion, on the expiry of this contract be entitled to take possession of the trailer at any location or from whomsoever may be in possession. (Any costs incurred by the Lessor to retrieve the trailer will be for the account of the Lessee). The Lessee acknowledges that failure to return the trailer in terms of this agreement shall constitute illegal possession by him/her/it, subject to criminal sanctions and the Lessor may repossess the trailer wherever same may be found and from whomsoever is in possession thereof.
4.6 The trailer shall be returned to the Lessor no later than 12h00 on the last day of the rental agreement. Failure to do so will result in a late penalty fee of R500.00 plus a daily charge.
5 RENTAL AND DEPOSIT
5.1 The rental paid by the Lessee for the use of the trailer shall be: –
5.1.1 The rental calculated for the whole of the rental period at the rates and on the basis specified on page 1 and paid in advance;
5.1.2 All charges for the services utilised by the Lessee for the whole of the rental period as contemplated in the agreement including but not limited to the charges referred to on page 1 on completion of the agreement between the Lessee and the Lessor; and
5.1.3 There will be no cash refunds on trailers returned during the rental period. Should the Lessee be dissatisfied with the rental trailer, the rental trailer may be exchanged at the discretion of the Lessor, should the Lessor have another trailer available, and there exists just cause. This is subject to 48 hours’ notice and an administration fee of R200.00.
5.2 The Lessee will pay a R2 500.00 deposit in advance of taking possession of the trailer, as indicated on page 1;
5.3 The Lessee’s deposit shall only be returned by the Lessor once the rental trailer has been dropped off and undergone a full valet and trailer inspection. This will be done within 24 hours (during a working week (Monday to Friday between the hours of 08h00 and 15h00) unless there is damage to the trailer and it is necessary to get quotes on repairing the damage. The deposit will only be returned once it has also been established that there is no damage to the trailer, no outstanding traffic fines and or penalties due by the Lessee. The Lessee is to settle these fines/penalties in full before the deposit will be returned.
5.3.1 All traffic fines/penalties, etc incurred by the Lessee during the rental period are subject to an administration fee of R200.00.
6 USE OF THE TRAILER
6.1 At all times the Lessee shall ensure that the trailer is being towed in accordance with the laws and regulations of South Africa, specifically, but not limited to Road Transportation Ordinance relating to towing of caravans and light trailers, and as specified in relevant Government Gazettes. It is also the Lessee’s responsibility to ensure that the towing vehicle is adequate and fit for purpose.
6.2 The Lessee shall not use the trailer for any purpose other than the transportation or static storage of goods for which it was designed. The trailer may not be used in any area where there may be a risk or incidents of civil unrest.
6.3 The Lessee shall use the trailer with the correct tyre pressures, and shall use the refrigerated unit at the correctly specified voltage at all times. If any damage is detected on any part of the trailer or refrigerated unit, the Lessee must contact The Lessor without delay.
6.4 The Lessee shall make adequate provision for the safety and security of the trailer, in particular, but without limiting the generality of the aforementioned, the Lessee shall keep the trailer properly secured and, at all times, in a safe condition and environment.
6.5 The Lessor will provide telephonic backup service providing the Lessee has followed the terms and conditions agreed to in this agreement.
6.6 The trailer may under no circumstances be used outside the borders of South Africa. Failure to comply with this will constitute a breach of agreement resulting in the Lessee’s deposit being forfeited. No exceptions will be made.
7 THE DRIVER
7.1 During the rental period the trailer may not be towed by any person/s other than the Lessee as the driver of the towing vehicle.
7.2 The Lessee warrants that the trailer will not be towed by himself/herself or any other person whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation, or whilst under the influence of intoxicating liquor or narcotic, and that the driver of the towing vehicle will have a valid drivers licence, will comply with all applicable laws, and will comply in all respects with the provisions of this agreement.
7.3 If the trailer is towed by anyone other than the Lessee as driver of the towing vehicle, then, without derogating from any rights or remedies which the Lessor may have, the Lessee shall remain liable for all his/his/its obligations in terms of this agreement and he/she/it shall be liable to the Lessor as if he/she/it had been the driver of the towing vehicle.
8 LIABILITY FOR DAMAGE AND THEFT
8.1 The trailer shall be the sole risk of the Lessee throughout the rental period.
8.2 The Lessee shall be liable for any loss or damage to the trailer and any expenses incurred in recovering the trailer during the rental period whether or not the loss and/or damage is attributable to fault or negligence, including hail damage.
8.3 Accordingly, the Lessee shall pay the Lessor the costs of the repairs of the trailer or, if the trailer or any part of it has been stolen or damaged beyond economical repair, the fair market value thereof before damage occurred.
8.4 The Lessee shall be solely responsible for any loss or damage to any third party person, vehicle, equipment, livestock or any other third party item during the rental period.
8.5 Notwithstanding anything in this agreement, the Lessor shall not be obliged to make any claim which the Lessor may otherwise have against a third party for the recovery of any loss or damage to or in connection with the trailer.
9 BREACH OF AGREEMENT
9.1 Breach of this agreement occurs but is not limited to when: –
9.1.1 The trailer is not returned by the Lessee as specified in 4.3.
9.1.2 The trailer is towed by a vehicle driven by a person other than the Lessee.
9.1.3 The trailer is towed by a vehicle which is not legally authorised and/or compatible and/or suitable for such purpose.
9.1.4 The towing vehicle is driven by any person without a valid drivers licence.
9.1.5 The Lessee breaches any material term or condition of this agreement.
10 RESPONSIBILITY AFTER LOSS OR DAMAGE TO TRAILER
10.1 If during the rental period the trailer is damaged or any part of it stolen, the Lessee shall take every precaution to safeguard the interest of the Lessor and do the following where appropriate the Lesse shall: –
10.1.1 notify the Lessor as soon as the incident occurs;
10.1.2 obtain the name/s and address/es of everyone involved and if possible witnesses;
10.1.3 not admit any responsibility or liability nor release any party from any liability nor settle any claim against or by any third party nor accept any disclaimer of any liability;
10.1.4 notify the police within 24 hours of the occurrence in question, and obtain a case number for the occurrence;
10.1.5 complete and furnish to the Lessor all information given to any third party within 24 hours of the occurrence;
10.1.6 make adequate provisions for the safety and security of the trailer; and
10.1.7 co-operate fully with the Lessor in all ways relating to the occurrence.
10.2 If the Lessee is not the driver of the towing vehicle, then without derogating from the Lessee’s obligations in terms of 10.1, the Lessee shall procure that the driver complies with the provisions of 10.1.
10.3 The Lessee shall within 24 hours of receipt thereof furnish to the Lessor any notice of claim; demand or summons which the Lessee or driver of the towing vehicle may receive in connection to the trailer.
11 NON-LIABILITY
11.1 Neither the Lessor nor its directors, employees, representatives, servants or agents shall be liable for any loss or damage, whether direct or indirect, consequential or otherwise arising from the rental by the Lessee of the trailer, including and without limitation any defect and/or mechanical failure of the trailer and/or the failure of the Lessor to detect defects and/or mechanical problems with the trailer and whether such loss and/or damage results from breach of contract and/or derelict which may be suffered by the Lessee and/or any third party and/or passenger/s.
11.2 The Lessor, its directors, employees, representatives, servants or agents are accordingly indemnified by the Lessee and/or his/her/its estate against any claim/s of any nature whatsoever and howsoever arising from any damages and/or loss which might be instituted against it, arising from the renting of the trailer contemplated in these terms and conditions.
12 GENERAL
12.1 This document contains the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any verbal undertakings, promises or the like not recorded herein and signed by or on behalf of the Lessee and the Lessor.
12.2 The Lessee authorises the Lessor to insert any particulars in the agreement, which are not known or unavailable at the time of signing or to rectify any bona fide errors in any fact, figure or calculation.
12.3 This agreement and all matters or disputes arising from it shall be governed in accordance with the laws of the Republic of South Africa.
12.4 The Lessee is not entitled to cede any of the rights under this agreement or to sub-let or part with possession of the trailer, its parts, components or equipment or any part of it.
12.5 If the Lessor institutes any legal proceedings against the Lessee to enforce any of its rights under this agreement, it shall be entitled to recover from the Lessee all the legal costs incurred.
12.6 If the Lessee enters this agreement on behalf of any principal, disclosed and/or undisclosed, he/she/it shall be personally liable jointly and severally with the principal.
13 WARRANTIES BY THE LESSEE
13.1 The Lessee warrants that: –
13.1.1 All information given by you to the Lessor is true and correct;
13.1.2 The Lessee holds a valid drivers licence for the towing vehicle, has not been convicted of any criminal offence which resulted in the endorsement or cancellation of the drivers licence, and will not tow the trailer under the influence of alcohol and/or any narcotic;
13.1.3 The Lessee is not physically prevented from operating and/or towing the trailer safely;
13.1.4 The trailer shall not be used or towed for the conveyance of persons or property for hire, in any race, speed test or contest, or on roads not properly constructed;
13.1.5 The trailer shall not be used or towed in any way which would constitute a contravention of or in breach of any law and or any of the provisions of this agreement. In breach the Lessor reserves its right to terminate the agreement and proceed with any applicable criminal charges and/or civil claim;
13.1.6 The Lessee shall at all times display an absolute duty of care towards the Lessor in respect of the trailer, in that the Lessee shall ensure that the trailer shall only be used on suitable roads and conditions as in accordance with the type of the trailer hereby rented;
13.1.7 The trailer has been rented on the basis that the Lessee is not a tour operator or agent/representative for the Lessor. The Lessee further warrants that the trailer is not for the conveyance of passengers, or freight, or for reward and is not rented for the purposes of a cross-border road transport;
13.1.8 Neither the Lessee nor any third party (authorised or unauthorised) are allowed to use the trailer in contravention of any Customs and Excise Act; and
13.1.9 The trailer may be subject to physical inspection on request.
Basic Summary of Rental Conditions:
To rent a trailer from Venilicious (Pty) LTD the following will be required: A R2 500.00 refundable deposit, and the first trailer rental payment, all prior to collection.
Deposit: No deposit shall be returned until the rental trailer has been cleaned and inspected.
Loading: the Lessee must take note of the Tare & GVM of the trailer, and must never exceed the specified laden capacity. It is the Lessee’s responsibility to ensure loading is as evenly distributed as is practically possible.
Return of the trailer for inspection: The rental trailer is to be returned to the Lessor’s designated premises before 12h00 on the return date as specified in the agreement and in the same clean condition as it was received. Should the trailer not be returned by 12h00 on the return date as specified in the agreement the Lessee will be charged a late penalty fee as specified in the agreement.
Insurance: Please take note that there is comprehensive insurance on the rental trailer within the borders of the Republic of South Africa, however not on any contents thereof, and it is the Lessee’s responsibility to cater for insurance of the Lessee’s contents if the Lessee deems it fit to do so. In the event of any damage or accident whilst on hire, the deposit or part thereof, will be utilised to offset all repair and replacement costs, or, in the event of an insurance claim by the Lessor, the deposit will be utilised to offset any excess cost.
Breakdown Coverage only applies within a radius of fifty kilometres by road from the Lessor premises, and covers the repair of the refrigeration unit only, in the event of unit’s failure to operate, providing this failure to operate is not caused through abuse, misuse and/or negligence by the Lessee, and if, and only if, “on site” repair is possible and available. All other breakdowns within the fifty kilometre radius are the responsibility of the Lessee. If the trailer is to be used out of the fifty kilometre radius it is done solely at the Lessee’s risk and the Lessee shall take responsibility for all breakdown’s including the refrigeration unit. At all times, fridge contents are at the Lessee’s sole risk and responsibility.
Call out charges: a R300.00 (minimum charge) and R12.00 per km will be charged for any call out breakdown, other than any failure of the refrigeration unit, all within a fifty-kilometre radius of the Lessor’s collection point.
Stickers: No signage or stickers may be removed from the rental trailer, nor any signage or stickers placed thereon by the Lessee.
What to do in the event of an accident, breakdown or emergency:
- Call the Lessor immediately.
- Do not allow the trailer to be towed, unless authorised by the Lessor or it’s representative. Otherwise, the Lessor will arrange for the trailer to be towed.
- Fill in any necessary accident report form, and comply with all authorised instruction.
Please note: You have rented a specialised trailer. Should you encounter any problems with your rental trailer we will do our best to assist you as quickly as possible. Any mechanical problems can only be repaired when workshops are open.
We cannot assure you of an immediate replacement trailer. The Lessor accepts no responsibility for any damage to and/or loss of goods either transported and/or stored inside the rental trailer.
Our office hours are:
08h00 to 17h00 Monday to Friday.
The Lessor is closed on Sundays and Public Holidays.
Emergency number: Call 071 195 7072 or 072 267 8466. Please leave a detailed message if call is not answered immediately.
I, the undersigned, being the Lessee, including for and on behalf of any passenger and or occupant of the towing vehicle and/or any other entity from whatsoever source and nature or definition, being the Lessee of the trailer, so more fully described in this agreement do hereby exonerate and declare blameless and hereby irrevocably indemnify and release the Lessor, together with its directors, employees, representatives, servants or agents or any other entity connected directly or indirectly or in any other manner whatsoever connected herein and together all persons and/or entities connected to the Lessor directly or indirectly, from any damages by whatsoever definition and/or injury and/or physical disability sustained by virtue of towing the trailer and/or such damages sustained and/or death and/or physical disability from being a passenger and/or otherwise of the towing vehicle. I further declare and hereby indemnify and release the Lessor and its directors, employees, representatives, servants or agents or any other entity connected directly or indirectly or in any other manner whatsoever connected, herein and together all persons and/or entities connected to the Lessor directly or indirectly from any traffic violations during the currency of this agreement. I hereby further release and forever discharge for myself, my heirs and my executors, administrators and assigns the Lessor and all of its directors, employees, representatives, servants or agents or any other entity connected directly or indirectly or in any other manner whatsoever connected, herein and together all persons and/or entities connected to the Lessor directly or indirectly from any claim, demands, damages and/or actions and/or suits at law of whatsoever kind and nature, for or because of any matter or thing done and/or not done, committed or suffered to be done and/or not done and arising from the use of the said trailer by whomsoever. I understand that the trailer is a budget trailer offered at a budget price. I understand that no stickers may be removed off the trailer. Upon termination of the agreement, the Lessor and Lessee will conduct an additional inspection of the trailer, which can take up to 2 hours. The Lessor, at the expense of the Lessee, will repair any damage to the trailer that was not recorded during the initial inspection of the trailer. It is specifically agreed that the Lessee shall not make any repairs to the trailer, whatsoever, without obtaining the prior permission of the Lessor. I further declare that I have not been induced to sign this discharge by any representative whatsoever made to me by the Lessor and that I have further read and understood the entire contents hereof notwithstanding in which language this indemnity and release is reduced to in writing and I further shall not be entitled to cancel this indemnity and release during the currency of the agreement for any reason whatsoever. I understand that failure to comply with the above mentioned will constitute a breach of agreement resulting in my deposit being forfeited. No exceptions will be made.
I, the Lessee, have thoroughly read the terms and conditions of this agreement and I fully understand the contents hereof, and my obligations under this rental contract.
